989 resultados para provisions deemed unwritten


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El presente artículo presenta un análisis del régimen vigente en materia de la inversión privada extranjera, partiendo de las disposiciones pertinentes incorporadas en el código orgánico de la Producción, comercio e Inversiones (dic. 2010), cotejando las mismas frente a los preceptos establecidos por la constitución de la República del Ecuador relativos al sistema económico y otros ámbitos pertinentes. La evaluación se complementa contrastando las disposiciones legales de reciente vigencia, a los criterios de consistencia de los correspondientes lineamientos del esquema de planificación gubernamental y a varios principios del sistema de reglas internacionales sobre la inversión. Se aportan, finalmente, conclusiones sobre probables líneas de ajuste normativo futuras, resultantes de dicho proceso de comparación analítica.

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This paper states that even though the Antarctic Treaty is a remarkable instrument for peaceful collaboration and scientific research, it is, basically, a by-product of the Cold War that reaffirms a particular status quo. This paper explores whether the ATS will meet the needs of an emerging world order. Particularly, the paper evaluates the ATS in the face of new global challenges, both internal and external to the Antarctic Treaty System (ATS) itself, as well as power shifting processes on a world scale, climate change and the changing interests of new states. China is a key component in understanding this issue because its Antarctic engagement is entering a new phase one that challenges current multilateral provisions. China’s Antarctic program will be analyzed within the framework of International Relations approaches and theories.

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In the colonial period, the Spanish politics towards the American frontiers was oriented not only to recognition and military protection of the borders, but also to control trade in the regions. During the demarcation of the boundaries in the 18th Century, the smuggling in the borders degenerated in various conflicts between the Spanish and Portuguese authorities. However, illegal trade played an important role en la satisfaction of the provisions in the zone, making possible the establishment of local alliances. This article addresses these questions taking as object the study the border Luso-Spanish in the Amazon Valley, between captaincy of Negro River and the province of Maynas, 1780-1820.

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We compare European Centre for Medium-Range Weather Forecasts 15-year reanalysis (ERA-15) moisture over the tropical oceans with satellite observations and the U.S. National Centers for Environmental Prediction (NCEP) National Center for Atmospheric Research 40-year reanalysis. When systematic differences in moisture between the observational and reanalysis data sets are removed, the NCEP data show excellent agreement with the observations while the ERA-15 variability exhibits remarkable differences. By forcing agreement between ERA-15 column water vapor and the observations, where available, by scaling the entire moisture column accordingly, the height-dependent moisture variability remains unchanged for all but the 550–850 hPa layer, where the moisture variability reduces significantly. Thus the excess variation of column moisture in ERA-15 appears to originate in this layer. The moisture variability provided by ERA-15 is not deemed of sufficient quality for use in the validation of climate models.

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The Human Development Index (HDI) introduced by the United Nations Development Programme (UNDP) in 1990 has helped facilitate widespread debate amongst development researchers, practitioners and policy makers. The HDI is an aggregate index, calculated on an annual basis by the UNDP and published in its Human Development Reports, comprising measures of three components deemed by them to be central to development: W income (the gross domestic product per capita), (ii) education (adult literacy rate) and (iii) health (life expectancy at birth). The results of calculating the HDI are typically presented as country/regional league tables, and provide a quick means for policy makers and others to judge performance. Perhaps partly because of the relative simplicity of the index, the HDI has managed to achieve a level of acceptance and use amongst politicians and policy makers that has yet to emerge with any indicator of sustainability. Indeed, despite its existence for 11 years, including nine years after the Rio Earth Summit, the HDI has not even been modified to take on board wider issues of sustainability. This paper will critically examine the potential for 'greening' the HDI so as to include environmental and resource-consumption dimensions. Copyright (C) 2003 John Wiley & Sons, Ltd and ERP Environment.

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This paper deconstructs the relationship between the Environmental Sustainability Index (ESI) and national income. The ESI attempts to provide a single figure which encapsulates environmental sustainability' for each country included in the analysis, and this allied with a 'league table' format so as to name and shame bad performers, has resulted in widespread reporting within the popular presses of a number of countries. In essence, the higher the value of the ESI then the more 'environmentally sustainable' a country is deemed to be. A logical progression beyond the use of the ESI to publicise environmental sustainability is its use within a more analytical context. Thus an index designed to simplify in order to have an impact on policy is used to try and understand causes of good and bad performance in environmental sustainability. For example the creators of the ESI claim that ESI is related to GDP/capita (adjusted for Purchasing Power Parity) such that the ESI increases linearly with wealth. While this may in a sense be a comforting picture, do the variables within the ESI allow for alternatives to the story, and if they do then what are the repercussions for those producing such indices for broad consumption amongst the policy makers, mangers, the press, etc.? The latter point is especially important given the appetite for such indices amongst non-specialists, and for all their weaknesses the ESI and other such aggregated indices will not go away. (C) 2007 Elsevier Ltd. All rights reserved.

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The flavonoid class of plant secondary metabolites play a multifunctional role in below-ground plant-microbe interactions with their best known function as signals in the nitrogen fixing legume-rhizobia symbiosis. Flavonoids enter rhizosphere soil as a result of root exudation and senescence but little is known about their subsequent fate or impacts on microbial activity. Therefore, the present study examined the sorptive behaviour, biodegradation and impact on dehydrogenase activity (as determined by iodonitrotetrazolium chloride reduction) of the flavonoids naringenin and formononetin in soil. Organic carbon normalised partition coefficients, log K-oc, of 3.12 (formononetin) and 3.19 (naringenin) were estimated from sorption isotherms and, after comparison with literature log K-oc values for compounds whose soil behaviour is better characterised, the test flavonoids were deemed to be moderately sorbed. Naringenin (spiked at 50 mu g g(-1)) was biodegraded without a detectable lag phase with concentrations reduced to 0.13 +/- 0.01 mu g g(-1) at the end of the 96 h time course. Biodegradation of formononetin proceeded after a lag phase of similar to 24 with concentrations reduced to 4.5 +/- 1% of the sterile control after 72 h. Most probable number (MPN) analysis revealed that prior to the addition of flavonoids, the soil contained 5.4 x 10(6) MPNg(-1) (naringenin) and 7.9 x 10(5) MPNg(-1) (formononetin) catabolic microbes. Formononetin concentration had no significant (p > 0.05) effect on soil dehydrogenase activity, whereas naringenin concentration had an overall but non-systematic impact (p = 0.045). These results are discussed with reference to likely total and bioavailable concentrations of flavonoids experienced by microbes in the rhizosphere. (c) 2007 Elsevier Ltd. All rights reserved.

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In the summer of 1982, the ICLCUA CAFS Special Interest Group defined three subject areas for working party activity. These were: 1) interfaces with compilers and databases, 2) end-user language facilities and display methods, and 3) text-handling and office automation. The CAFS SIG convened one working party to address the first subject with the following terms of reference: 1) review facilities and map requirements onto them, 2) "Database or CAFS" or "Database on CAFS", 3) training needs for users to bridge to new techniques, and 4) repair specifications to cover gaps in software. The working party interpreted the topic broadly as the data processing professional's, rather than the end-user's, view of and relationship with CAFS. This report is the result of the working party's activities. The report content for good reasons exceeds the terms of reference in their strictest sense. For example, we examine QUERYMASTER, which is deemed to be an end-user tool by ICL, from both the DP and end-user perspectives. First, this is the only interface to CAFS in the current SV201. Secondly, it is necessary for the DP department to understand the end-user's interface to CAFS. Thirdly, the other subjects have not yet been addressed by other active working parties.

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This paper reports on research into what drama teachers consider they really need to know as drama specialists. In the first instance the very concept of knowledge is discussed as it pertains to education in the arts as is the current situation in England regarding the extent to which new drama teachers’ subject specialist knowledge has been formally accredited and what the implications of this may be to an evolving curriculum. The research itself initially involved using a questionnaire to investigate the way in which drama teachers prioritised different aspects of professional knowledge. Results of this survey were deemed surprising enough to warrant further investigation through the use of interviews and a multiple-sorting exercise which revealed why the participants prioritised in the way they did. Informed by the work of Bourdieu, Foucault and Kelly, a model is proposed which may help explain the tensions experienced by drama teachers as they try to balance and prioritise different aspects of professional knowledge.

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Prior to recent legislative changes, sexual offences were contained in a combination of statutory provisions and common law that was criticized as being ill-equipped to tackle the intricacies of modern sexual (mis)behaviour. This pilot study explored the capacity of these provisions to address the complexities of drug-assisted rape using focus groups and a trial simulation to identify factors which influenced jurors in rape trials involving intoxicants. The findings revealed that jurors considered numerous extra-legal factors when reaching a decision: rape myths, misconceptions about the impact of intoxicants and factors such as the motivation of the defendant in administering an intoxicant. This paper draws upon these findings, focusing in particular on the interaction between juror attributions of blame and stereotypical conceptions about intoxication, sexual consent and drug-assisted rape. The findings of this pilot study form the basis for a larger-scale project (ESRC -funded, commenced January 2004) that examines this interaction in the context of new provisions under the Sexual Offences Act 2003.

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This paper describes the main changes of Commons Act 2006 for the registration of land as a town or village green. The purpose of the Commons Act 2006 is to protect common land and promote sustainable farming, public access to the countryside and the interests of wildlife. The changes under s15 of the Commons Act 2006 include the additional 2-year grace period for application, discounting statutory period of closure, correction of mistakes in registers, disallowing severance of rights, voluntary registration, replacement of land in exchange and some other provisions. The transitional provision contained in s15(4) Commons Act 2006 is particularly a cause for controversy as DEFRA has indicated buildings will have to be taken down where development has gone ahead and a subsequent application to register the land as a green is successful, obliging the developer to return the land to a condition consistent with the exercise by locals of recreational rights, which sums up that it would be harder in future to develop land which has the potential to be registered as a town or village green.

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The 2002 U.S. Farm Bill (the Farm Security and Rural Investment Act or FSRIA) provides considerably more government subsidies for U.S. agriculture than Congress envisaged when it passed the preceding 1996–2002 FAIR Act. We review the FAIR record, showing how government subsidies increased greatly beyond those originally scheduled. For FSRIA, we outline key commodity, trade, and conservation and environmental provisions. We expect that the commodity programmes will: (a) encourage production when the market calls for less; (b) significantly increase subsidies over FAIR baseline subsidies; (c) press against current WTO and possible Doha Round support limits; and (d) aggravate trading partners. Finally, we suggest two lessons from the U.S. policy experience that might benefit those working on CAP and WTO reform. First, past research shows that farm programmes have little to do with the economic health of rural communities. Second, programme transparency, and especially public disclosure of the level of payments going to individual farmers, by name, influences the farm policy debate. Personalized data show what economists have long maintained—that the bulk of programme benefits go to a relatively few, large, producers—but do so in a way that captures the public and policy-makers' attention

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In many developing countries, there is concern that a conventional system of plant breeders' rights provides no rewards to farmers for their role in the conservation and enhancement of agro-biodiversity. To redress this imbalance, developing countries are incorporating farmers' rights provisions in their plant variety protection legislation. This article examines the feasibility of farmers' rights provisions based on intellectual property rights. It argues that the farmers' rights provisions crafted by some developing countries will involve enormous operational difficulties, while IPR-based farmers' rights are unlikely to provide significant economic returns to farmers or farming communities. At the same time, farmers' rights provisions, as currently conceived, are likely significantly to dilute the incentives for innovation provided to institutional plant breeders.

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Many developing countries are currently engaged in designing and implementing plant variety protection systems. Encouraging private investment in plant breeding is the key rationale for extending intellectual property rights to plant varieties. However, the design of plant variety protection systems in developing countries has been dominated by concerns regarding the inequities of a plant variety protection system, especially the imbalance in the reward structure between plant breeders and farmers. The private seed industry, a key stakeholder in plant variety protection, appears to be playing only a peripheral role in the design of the intellectual property rights regime. This paper explores the potential response of the private seed industry in India to plant variety protection legislation based on a survey of major plant breeding companies. The survey finds that the private seed industry in India is generally unenthusiastic about the legislation and plant variety protection is likely to have only a very limited impact on their research profile and expenditures on plant breeding. Measures designed to curb the 'excessive' profits of breeders, farmers' rights provisions and poor prospects for enforcement of rights are seen to be seriously diluting breeders' rights, leaving few incentives for innovation. If the fundamental objective of plant variety protection is to stimulate private investment in plant breeding, then developing countries need to seriously address the question of improving appropriability of returns from investment.

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It is widely believed that a number of countries, including the EU, engaged in dirty tariffication during the Uruguay Round of trade talks. This article examines the EU’s record on sugar and finds little evidence to substantiate the claim. However, world prices increased between the base period (1986-88) and the date of implementation (1995), and so tariffication resulted in an increase in the tax that would have been charged on sugar imports into the EU. As well, the Special Safeguard provisions meant that a substantial additional levy could be charged.